In Brief

On 9 September, the Jakarta government issued press release No. 1575/SP-HMS/09/2020. This press release states that the Jakarta government is finally pulling the emergency brake by implementing total large-scale social restrictions (Pembatasan Sosial Berskala Besar or "PSBB") for two weeks starting from Monday, 14 September given the rapid increase of new positive cases in the city. The total PSBB will be similar with what was implemented from April to June this year.

For more information on the previous PSBB initiative, clients can access our earlier client alerts on PSBB here.

Latest Development

DKI Jakarta Province

During the press conference on 9 September, the governor said that starting from Monday, 14 September:

1. Non-essential office activities must be done from home. The governor of Jakarta emphasized that business actors should continue their business activities from home, not in the office.

2. Businesses in the 11 essential sectors stipulated in Jakarta Governor Regulation No. 33 of 2020 on the Implementation of Large-Scale Social Restrictions to Handle the Corona Virus Disease 2019 in Jakarta (as amended) can remain open with minimum operation. These 11 essential sectors are as follows:

a) health

b) food and beverages

c) energy

d) communication and informatics technology

e) financial

f) logistics

g) hotels

h) construction i) strategic industries (not specifically defined, so the Jakarta

Governor has the discretion to further stipulate it) j) essential services (pelayanan dasar), public utilities and

certain industries that are categorized as national vital objects (obyek vital nasional) and certain objects (obyek tertentu)

k) daily necessity supplies (kebutuhan sehari-hari)

3. Business actors that have obtained a non-essential exceptional operational license (izin pengecualian operasi bidang non-esensial) must re-obtain the license from the government of Jakarta.

4. All entertainment/recreation, including malls (except daily needs stores in the malls), museums, zoos and public parks will be closed.

5. Students will continue to learn from home as schools remain closed.

6. Restaurants and cafes can continue to operate, but only to serve take-away and delivery orders (no dine-in service).

7. Local places of worship (that only serve people in the neighborhood) can still operate, but with strict protocols and provided that they are not located in red zones. Big/renowned worship places (that serve people from all over Jakarta) must be closed.

8. Activities that can gather a crowd, e.g., reunions and large family gatherings, must not be held.

9. Public transportation will be limited (in the number of vehicles and the time). In Jakarta, the odd and even private cars restrictions will temporarily be stopped.

10. The governor of Jakarta urges people to stay at home and not leave Jakarta unless there is an urgent need. Further, the Jakarta government is coordinating with the central government and the neighboring regional governments, such as Banten, to discuss the limitation of vehicles going in and out of Jakarta.

Banten Province

Based on several news outlets, although it might not be as strict as Jakarta, the government of Banten province is extending the PSBB period in the whole of Banten province, including Tangerang, South Tangerang and Serang. The police will also tighten entry points to the Banten area, such as highway gates (gerbang tol), for the next 14 days.

West Java Province

The governor of West Java issued decree No. 443/Kep.476Hukham/2020 dated 1 September on the Fifth Extension of the Proportional Large Scale Social Restrictions in Bogor Regency, Bogor City, Depok, Bekasi Regency and Bekasi City (Bodebek Area) in order to Expedite the Handling of Coronavirus Disease 2019.

Under this decree, the government of West Java extended the proportional PSBB until 29 September. The decree instructs the Bogor regent, Bogor mayor, Depok mayor, Bekasi regent and Bekasi mayor to implement the proportional PSBB on a micro scale based on the alertness level in the relevant areas.

For context, Governor of West Java Regulation No. 48 of 2020 on Micro Scale Social Restrictions (Pembatasan Sosial Berskala Mikro) to Handle COVID-19 in Regencies/Cities stipulates that micro scale social restrictions can be at the level of villages, sub-districts, dusun, rukun warga, rukun tetangga, or other lower levels based on the contact tracing results of positive COVID-19 cases.

Imposing Work-From-Home Arrangements

Although the government is advising companies to implement work-fromhome arrangements during the PSBB implementation, the Indonesian labor laws and regulations do not specifically regulate work-from-home arrangements. If a company intends to determine a specific policy on the work-from-home arrangements, which is advisable, it can do so. It is prudent and highly recommended to obtain the consent of the employees on the work-from-home policy.

As the relevant governments in those provinces may issue further regulations or decrees on the PSBB implementation at any time, we will monitor closely the development of the implementation of PSBB in the above three provinces and provide updates to clients from time to time.